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People v. Hughes

Appellate Division of the Supreme Court of New York, Fourth Department
May 31, 1996
227 A.D.2d 976 (N.Y. App. Div. 1996)

Opinion

May 31, 1996

Appeal from the Supreme Court, Monroe County, Doyle, J.

Present — Denman, P.J., Green, Wesley, Balio and Boehm, JJ.


Judgment unanimously affirmed. Memorandum: The record supports the suppression court's determination that defendant's arrest was supported by probable cause. The victim of the attempted break-in provided the arresting officer with a "sufficiently detailed and particular description of the perpetrator" ( People v. White, 117 A.D.2d 127, 131, lv denied 68 N.Y.2d 818), including his race, height, build, hair color and clothing ( see, People v. Horsman, 152 A.D.2d 859, 861). The victim also pointed out the direction of defendant's flight from the scene. Within a half hour of the commission of the crime, a trained dog tracked defendant to a back yard approximately a quarter mile from the crime scene ( see, People v. Price, 54 N.Y.2d 557, 564), where the arresting officer discovered defendant hiding under a row of bushes ( see, People v. Ridley, 124 A.D.2d 610, lv denied 69 N.Y.2d 749). Defendant matched the victim's description precisely. Those facts were sufficient to warrant a reasonable belief that it was "at least more probable than not" that a crime had occurred and that defendant was the perpetrator ( People v. Carrasquillo, 54 N.Y.2d 248, 254).


Summaries of

People v. Hughes

Appellate Division of the Supreme Court of New York, Fourth Department
May 31, 1996
227 A.D.2d 976 (N.Y. App. Div. 1996)
Case details for

People v. Hughes

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. TIMOTHY HUGHES…

Court:Appellate Division of the Supreme Court of New York, Fourth Department

Date published: May 31, 1996

Citations

227 A.D.2d 976 (N.Y. App. Div. 1996)
643 N.Y.S.2d 828

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